Suing for Punitive Damages in Commack

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Litigation Lawyers in Commack

The civil litigation system in Commack, New York is designed to provide compensation for individuals who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.

This general principle is subject to an important exception, however. There are cases where a judge in Commack, New York will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.

You should be aware that courts in Commack, New York are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Commack, New York

The vast majority of personal injury lawsuits in Commack, New York involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Commack, New York.

Punitive Damages in Commack, New York are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Commack, New York, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Commack, New York. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of considerable amounts of property.

A good rule of thumb for calculating the upper limit of punitive damages in Commack, New York is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New York have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Commack, New York Attorney Help?

Commack, New York's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Commack, New York and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Commack, New York.

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Life in Commack

Commack, New York gets its name from its former Indian inhabitants, the Secatogue tribe who named the area, "Pleasant Land." And pleasant is an apt word to describe Commack, which is a lovely city home to just under 40,000 residents. In the early days of Commack, indians gathered in the area because of the fertile soil, wildlife, and wood to make fires.

Commack, New York is a pleasure to explore for residents and visitors alike. In 2006, a local radio station rated the Commack Motor Inn as one of the seven wonders of Long Island. Rosie O'Donnell and Bob Costas are just a few of the celebrities that once called Commack home.

Commack, New York is also home to many talented lawyers who are able to assist the community with any legal issue they may find themselves encountering. Lawyers specializing in family law, estate planning, contract law, and employment law are just a few of the areas that Commack lawyers can assist their clients with. Commack is a great place to live and a great place to find a competent attorney.

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